Sexual Exploitation Charges in Toronto
If you have been charged with sexual exploitation in Toronto, you are facing a serious criminal allegation that can affect your freedom, career, professional licence, relationships, and reputation.
Sexual exploitation is a specific offence under section 153 of the Criminal Code. It generally concerns allegations involving a person aged 16 or 17 and a relationship involving trust, authority, dependency, or exploitation. The Crown must prove the required elements of the offence beyond a reasonable doubt.
Goodman Berman, Barristers, defends sexual exploitation and related sexual offence charges throughout Toronto and Ontario.
Free Confidential ConsultationWhat You Should Do if You’ve Charged with Sexual Exploitation?
A sexual exploitation investigation can affect your life before a case ever reaches trial. Police may want to interview you, your phone or other devices may contain relevant communications, and your employment or professional position may be at risk.
Do not assume that explaining the relationship to police will resolve the situation. Speak with a criminal defence lawyer before making a statement.
Early legal advice can help you:
- Understand the allegation and potential charges
- Protect your legal rights during the investigation
- Address bail or release conditions
- Preserve relevant evidence and communications
- Assess the nature of the relationship
- Identify weaknesses in the Crown’s evidence
- Understand potential employment, licensing, immigration, and travel consequences
If police have contacted you about a sexual exploitation allegation, get legal advice before speaking with them.
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What Is Sexual Exploitation?
Section 153 of the Criminal Code defines a specific offence involving a young person, which the Code defines as someone who is 16 or 17 years old. The offence can apply where the accused is in a position of trust or authority, where the young person is in a relationship of dependency with the accused, or where the relationship is exploitative.
The Crown must establish the required elements of the offence, which can include allegations that the accused:
- Touched the young person for a sexual purpose
- Invited, counselled, or incited the young person to sexual touching
- Invited, counselled, or incited the young person to expose their sexual organs
- Was in a relationship of trust, authority, dependency, or exploitation with the young person
The specific allegations and evidence determine what the Crown must prove in your case.
What Types of Relationships Can Lead to a Sexual Exploitation Charge?
Sexual exploitation allegations can arise in many different relationships. Examples may include:
Teacher and Student
A teacher or educator may face allegations involving a student who was 16 or 17 years old.
Coach and Athlete
Coaches, instructors, and other people involved in youth sports may face allegations where the Crown claims there was a position of trust, authority, or an exploitative relationship.
Employer and Young Employee
An allegation may arise where an adult employer or supervisor is accused of engaging in sexual conduct with a 16- or 17-year-old employee.
Counsellor, Mentor, or Caregiver
People who provide counselling, mentorship, supervision, or care may face allegations based on the nature of their relationship with a young person.
Family or Community Relationships
Allegations may involve relatives, family friends, religious leaders, or other adults who had influence, authority, or a position of trust.
The label attached to the relationship is not necessarily determinative. The circumstances, development of the relationship, age difference, and degree of control or influence may all be relevant. Section 153 specifically allows a judge to consider these factors when determining whether a relationship is exploitative.
Sexual Exploitation and the Age of Consent
One of the most common questions is: If the age of consent is 16, how can someone aged 16 or 17 be involved in a sexual exploitation charge?
The general age of consent in Canada is 16. However, the Criminal Code creates specific protections for 16- and 17-year-olds in certain relationships involving trust, authority, dependency, or exploitation.
This means that the fact that a person was 16 or 17 does not, by itself, answer whether section 153 applies. The nature of the relationship and the other elements of the offence must also be examined.
What the Crown Must Prove
A sexual exploitation charge is not established simply because two people had a relationship or because one person was older.
Depending on the specific allegation, the Crown may need to prove:
- The complainant was a young person under section 153
- The alleged touching or conduct occurred
- The conduct was for a sexual purpose
- The required relationship of trust, authority, dependency, or exploitation existed
- The other legal elements of the particular charge
The Crown bears the burden of proving the charge beyond a reasonable doubt.
How We Defend Sexual Exploitation Charges
Every case requires a defence strategy based on its particular facts and evidence.
Our lawyers may examine:
- The nature and development of the relationship
- The age difference between the parties
- Whether a position of trust or authority actually existed
- Whether the complainant was dependent on the accused
- The degree of control or influence alleged
- The circumstances of the alleged sexual conduct
- Text messages, emails, social media, and other communications
- Witness statements and credibility
- Police interviews and investigative methods
- Whether the Crown can prove each required element beyond a reasonable doubt
Where the case turns on the relationship between the accused and complainant, seemingly small details about how that relationship developed can become important evidence.
Online Sexual Exploitation Allegations
Not every sexual exploitation allegation involves physical contact.
Section 153 can also apply to allegations that an accused invited, counselled, or incited a young person to engage in sexual touching. As a result, communications through text messages, social media, video calls, or other online platforms may become important evidence.
A lawyer should carefully examine the complete communication history rather than relying on isolated messages or screenshots.
Sexual Exploitation of a Person with a Disability
Section 153.1 creates a separate offence involving the sexual exploitation of a person with a mental or physical disability.
This offence can apply where a person in a position of trust or authority, or in a relationship of dependency, is alleged to have counselled or incited the person to sexual touching or exposure for a sexual purpose without their consent. Unlike section 153, this offence is not limited to complainants aged 16 or 17.
If you have been charged under section 153.1, the defence must focus on the specific elements of that offence and the evidence supporting each allegation.
Bail and Release Conditions
If you are arrested or charged with sexual exploitation, you may be released with conditions or required to attend a bail hearing.
Conditions can restrict:
- Contact with the complainant
- Communication with witnesses
- Where you can go
- Where you can work
- Internet or electronic communications
- Travel
- Other aspects of your daily life
Do not contact the complainant or breach a release condition. Speak with your lawyer before taking action that could affect your bail.
Employment and Professional Licensing
A sexual exploitation allegation can create professional consequences even before a criminal case is resolved.
Teachers, healthcare professionals, coaches, regulated professionals, and others working with young people may face separate employment or professional disciplinary issues.
If your employment, licence, certification, or professional reputation is at risk, your criminal defence strategy should take these consequences into account from the beginning.
Immigration and Travel Consequences
If you are a permanent resident, international student, work permit holder, or otherwise not a Canadian citizen, a criminal charge or conviction may create additional immigration consequences.
Travel can also become more complicated depending on your bail conditions, the status of the criminal case, and your destination.
Tell your lawyer about your immigration status before making decisions about the case.
Consequences of a Sexual Exploitation Conviction
A conviction can have consequences beyond the immediate sentence, including:
- Criminal record
- Potential imprisonment
- Employment consequences
- Professional licensing issues
- Immigration consequences
- Travel restrictions
- Registration requirements
- Restrictions affecting future opportunities
- Damage to personal and professional reputation
The precise consequences depend on the charge, Crown election, circumstances, and outcome of the case.
Related Sexual Offence Charges
The sexual exploitation allegation may arise alongside other criminal allegations depending on the circumstances.
Related offences can include:
- Sexual interference
- Sexual assault
- Invitation to sexual touching
- Sexual assault with a weapon or causing bodily harm
- Aggravated sexual assault
- Historical sexual assault
- Other Criminal Code sexual offences
The appropriate defence depends on the specific charge and the evidence supporting each allegation.
What You Can Expect From Us
- Confidential communication
- No judgment
- Direct communication with counsel
- Clear explanation of your options
- Prompt attention to urgent issues
- Strategic advice before speaking to police
- Preparation for each court appearance
- Honest assessment of strengths and weaknesses
What Should I Do If Police Want to Talk to Me?
Do not assume that cooperating with an interview without legal advice will help your situation.
You should speak with a criminal defence lawyer before answering questions about a sexual exploitation allegation. Your lawyer can advise you about your rights and the appropriate response to the investigation.
Frequently Asked Questions About Sexual Exploitation Cases
Can a 16- or 17-year-old legally consent?
Sixteen is the general age of consent in Canada, but specific Criminal Code provisions restrict sexual activity in certain relationships involving 16- and 17-year-olds. Section 153 focuses on relationships involving trust, authority, dependency, or exploitation.
What if the relationship was consensual?
Consent does not by itself resolve a section 153 allegation. The Crown must prove the specific elements of the offence, including the required relationship and alleged sexual conduct.
What if there was no physical contact?
Section 153 can include allegations that the accused invited, counselled, or incited a young person to sexual touching. Physical contact between the accused and young person is therefore not necessarily required for every allegation under the section.
What if we met online?
Online communications may become important evidence in a sexual exploitation case. Your lawyer should review the complete communication history and the circumstances in which the relationship developed.
Can I be charged if I was not a teacher or coach?
Yes. Section 153 is not limited to teachers or coaches. The alleged relationship may involve trust, authority, dependency, or exploitation, depending on the circumstances.
What if the complainant says they were not exploited?
That does not automatically determine the outcome. The court will consider the evidence and the legal requirements of the charge. The nature of the relationship and the circumstances surrounding it may be particularly important.
Can the complainant drop the charges?
The complainant does not personally control whether criminal charges continue. The Crown decides whether to proceed based on the evidence and applicable law.
Will my name be made public?
Court proceedings are generally open to the public, although publication bans or other orders may apply in particular circumstances. Your lawyer can explain the privacy rules that apply to your case.
What should I do if I have already spoken to police?
Tell your lawyer exactly what was said and what happened during the interaction. Do not provide further statements or attempt to explain the situation to police without legal advice.
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Speak With a Toronto Sexual Exploitation Lawyer
A sexual exploitation allegation can affect your freedom, career, family, immigration status, and reputation.
The earlier you obtain legal advice, the sooner you can understand the allegation, preserve relevant evidence, and determine how to respond.
If you are under investigation or charged with sexual exploitation in Toronto, contact Goodman Berman, Barristers for a confidential consultation.
Contact Goodman Berman, Barristers for a free, confidential consultation.
Your case will be reviewed directly by an experienced criminal defence lawyer.
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